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Responsibilities ofLandlord and TenantThe Landlord’s DutiesLandlords have specific duties imposed by law, in addition to thosefound in a lease. These duties include refraining from practicing discriminationin renting property, maintaining the premises, and deliveringpeaceful possession.Refrain from DiscriminationIn selecting tenants, landlords are bound by various laws againstdiscrimination. Laws such as the Civil Rights Act place special emphasison human needs and rights. In nearly all states, it is against the law fora landlord to refuse to rent or lease property to any person because ofrace, religion, color, national origin, sex, age, ancestry, or marital status.Refusing to rent to a member of the armed forces, a blind person, or aperson who might have children in the future is also against the law.Maintain the PremisesRental property offered for dwelling purposes must be fit for humanhabitation. This means that it must be relatively clean, properly heated,furnished with utilities, and safe.In some states, if you think the premises are not fit for human habitationand violate the sanitary code, you may pay rent to the court insteadof the landlord, pending correction of conditions. In other states, aftergiving notice to the landlord, you can correct the defect at your ownexpense and withhold rent up to the amount of that expense.Deliver Peaceful PossessionTenants are entitled to the exclusive peaceful possession and quietenjoyment of the rental premises. Quiet enjoyment is your right toundisturbed possession of the property. The landlord cannot interferewith these rights as long as you abide by the conditions of the lease andthose imposed by law.The Tenant’s DutiesTenants have the duties of paying rent, abiding by the terms of thelease, avoiding waste, and returning fixtures.Abiding by the Terms of the LeaseAs a tenant, you have the duty to pay rent to the landlord when it isdue. You must also observe the valid restrictions contained in the lease.l How to explain theduties of landlords andtenantsl How to describeeviction proceedingsl How to identify tortliability of landlordsand tenants to thirdpartiesThe better you understandthe responsibilitiesof landlords and tenants,the better prepared youwill be when you rent orlease property.l quiet enjoymentl wastel fixturesl trade fixturesl evictionl constructive evictionChapter 33: Renting a Place to Live 719